Preamble to the Constitution of India
The Constituent Assembly debated the Preamble on 17th october 1949. The debates around the Preamble revolved around the name of India and inclusion of ‘God’ and ‘Gandhi’.
One member urged the Assembly to rename India as the ‘Union of Indian Socialistic Republics’, similar to the USSR. Members were not convinced with this suggestion as they felt that it would go against the already adopted constitutional scheme.
Another member sought to include ‘In the name of God’. Many were opposed to this suggestion – it was noted that it was unfortunate to put ‘God’ on vote. One member believed that inclusion of ‘God’ would amount to ‘compulsion of faith’ and violate the fundamental right to freedom of faith.
Another proposal was made to include Gandhi’s name in the Preamble. A member was discontent with the already adopted draft articles as he felt that the Indian constitution was based on the American Supreme Court cases and Government of India Act. He opposed any association of Gandhi with the ‘rotten Constitution’.
The amendments moved by the members were negatived. However, this was one of the rare instances of the Assembly proceedings wherein the members voted on the proposal to include ‘God’ by a show of hands. The Assembly was divided with 41 voting in favour and 68 voting against it.
The Assembly adopted the Preamble as presented by the Drafting Committee.
PART I: THE UNION AND ITS TERRITORY
1 Name and territory of the Union.
2 Admission or establishment of new States.
3 Formation of new States and alteration of areas, boundaries or names of existing States.
4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
PART II: CITIZENSHIP
5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin residing outside India.
9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.
PART III : FUNDAMENTAL RIGHTS
13 Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14 Equality before law.
15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16 Equality of opportunity in matters of public employment.
17 Abolition of Untouchability.
18 Abolition of titles.
Right to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences.
21 Protection of life and personal liberty.
21A Right to education
22 Protection against arrest and detention in certain cases.
Right against Exploitation
23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25 Freedom of conscience and free profession, practice and propagation of religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular religion.
28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
Saving of Certain Laws
31A Saving of Laws providing for the acquisition of estates, etc.
31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
Right to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this Part.
33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force in any area.
35 Legislation to give effect to the provisions of this Part.
PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of the welfare of the people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 The organisation of village panchayats.
41 Right to work, to education and to public assistance in certain cases.
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in the management of industries.
43B Promotion of co-operative societies.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
48 The organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of forests and wildlife.
49 Protection of monuments and places and objects of national importance.
50 Separation of judiciary from the executive.
51 Promotion of international peace and security.
PART IVA: FUNDAMENTAL DUTIES
51A Fundamental duties.
PART V: THE UNION
CHAPTER I: THE EXECUTIVE
The President and Vice-President
52 The President of India.
53 The executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of the President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding the election to fill the vacancy in the office of President and the term of office of person elected to fill the casual vacancy.
63 The vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.
67 Term of office of Vice-President.
68 Time of holding the election to fill the vacancy in the office of Vice-President and the term of office of person elected to fill the casual vacancy.
69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
73 The extent of executive power of the Union.
Council of Ministers
74 Council of Ministers to aid and advise the President.
75 Other provisions as to Ministers.
The Attorney-General for India
76 Attorney-General for India.
Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to the President, etc.
CHAPTER II: PARLIAMENT
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
106 Salaries and allowances of members.
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110 Definition of “Money Bills”.
111 Assent to Bills.
Procedure in Financial Matters
112 Annual financial statement.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial business.
120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.
CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT
123 Power of President to promulgate Ordinances during recess of Parliament.
CHAPTER IV: THE UNION JUDICIARY
124 Establishment and constitution of Supreme Court.
124A National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament)
124B Functions of Commission.
124C Power of Parliament to make law.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.
131 Original jurisdiction of the Supreme Court.
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.
142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.
145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
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